A Research Study and Four Sectoral Briefing Papers (Available in both English and Hindi).

The study is an inquiry into whether India’s domestic legislative measure related to biodiversity and people’s knowledge –- the Biological Diversity Act, 2002, can in compliance with Convention on Biological Diversity (CBD) become a balancing force. Based on actual experiences, including the first 108 ABS agreements signed by India’s National Biodiversity Authority and the positions of the Government of India vis-a-vis the international law on ABS contained in the Nagoya Protocol, it examines whether the legal regime gives equal attention to facilitating access by users on one hand, and on the other hand guaranteeing real benefits to local provider communities.

The annexure in the study also has a handy compilation of the state-level biodiversity rules from across India. Locating the law and its implementation in real time, the authors ask the question: Can the ABS framework developed under the Act actually tip the balance in favour of community sovereignty, sustainable use and biodiversity conservation? Or does it force notions of balance and goodwill into what are otherwise deep-rooted conflicts of control over biological resources and people’s knowledge?